EB3 visa is a Third Priority Worker visa that allows three types of workers to move to the US permanently and work there:
- Skilled workers. Those who have completed at least 2 years of job experience or training.
- Professionals. Those who can prove that they have a higher educational degree or its equivalent such as a Bachelor’s Degree.
- Unskilled workers. Those who have less than 2 years of work experience or training. Unskilled workers get the EW-3 visa as explained in the article.
Out of the total 140,000 immigrant visas issued for the employment category, 28.6% or around 40,040 visas are allocated for the EB3. After this quota is reached for the year, the rest of the applications are put on hold for the next year.
EB3 Visa Requirements
In order to qualify for the EB3 visa, a foreign worker must have:
- A valid and permanent job offer from a US employer.
- The qualifications to meet the job description in terms of the level of education and job experience.
On the other hand, the US employer must also prove the following:
- That the employer could not find an available, qualified, or willing US worker for the job position.
- That the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.
Supporting Documents for the EB3 Visa
The documents required for an EB3 visa application are the following:
- Your passport which must be valid for more than 6 months after your intended departure to the US
- Your employment offer from the US employer
- The approved labor certification
- The approved petition
- US sponsorship letter for your visa employment
- Your DS-261 confirmation page
- Your signed medical and vaccine documents
- Two photographs meeting the US Visa Photo Requirements
- Academic achievements (diplomas and certificates)
- Your CV or resume
- Court and criminal records
- Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.
How to Apply for the EB3 Visa?
Applications for the EB3 visas have multiple steps which involve both the employer and the foreign employee. The application process for an EB3 visa has two parts:
- The US employer obtains labor certification and files the necessary petitions.
- If approved, the foreign employee then applies for the EW-3 visa at a US Embassy in their home country.
Application Procedures for the Employer in the US
The employer in the United States must go through these phases of the application:
- Getting the labor certification. This can be done by getting a labor certification from the US Department of Labor (DOL). By filing ETA Form 9089 to the DOL, the employer states that there were no available, willing, or qualified US employees to take the job position and that the foreign worker will be paid a prevailing wage for the specific job.
- Filing the petition. This is done by filing Form I-140, Immigrant Petition for Alien Worker to the USCIS. USCIS will require the employer to attach supporting financial documents such as statements, audits, tax returns and others to evaluate whether they are able to pay the foreign worker and afford additional employees.
NVC will then send a package to the foreign worker in any of the categories. The package will contain the case number and invoice ID number which the foreign worker can use for applying. The package will also have instructions on the process of applying. However, since there is a cap on the number of visas, NVC will only send this package when the priority date of the foreign worker becomes current.
Application Procedures for the Applicant
Step 1: File Form DS-261, Choice of Address and Agent
This is an online form which the foreign worker must fill in each section and submit it. The form serves as a visa application for the foreign worker to the US Embassy in their country of residence. When you as the foreign worker submit this form, you will get a confirmation page which you will send to the NVC with your supporting documents.
Step 2: Complete medical examination and vaccination
To move to the US permanently, you must meet the health requirements too. This means that you will have to go through the NVC package and visit a licensed doctor to complete the necessary documents and checkups. If you do not have all the vaccines then you will also need to take them.
Step 3: Compile the EB3 visa supporting documents file
After the NVC approves your Form DS-261, you must send the supporting documents for your case.
Step 4: Attend the visa interview
After the NVC has reviewed your documents, they will schedule an interview for you at the US Embassy. You must attend the visa interview at that scheduled time. The US official will go through your background and documents and decide whether you should be given an EB3 visa or not.
Step 5: Receive the NVC package and travel to the US
If your visa is approved, NVC will send you a package. You cannot open this package under any circumstances. When you travel to the US, you must give it to an immigration official at the port of entry. They are the only ones that can open it and decide whether you can enter the US.
What are the EB3 visa fees?
Your employer and you will have to pay the following fees:
| Fee type | Who pays | Estimated Cost |
|---|---|---|
| DOL Labor Certification (PERM) | Employer | $3,000–$10,000 |
| USCIS Form I-140 | Employer | $700 |
| DS-261 Processing | Employee | $325 |
| Medical Examination | Employee | $200–$500 |
| Supporting Documents | Employee | $100–$500 |
| Translation Fees | Employee | $20–$50 per page |
| Premium Processing (optional) | Employer | $2,500 |
| Total Estimated Cost | $6,845 – $14,575 |
How Long is the EB3 Green Card Processing Time?
The EB3 Green Card processing time can most times be from a low of 1 to 3 years to very long wait times of 6 or more years. Since the EB3 visa has an annual visa cap, the EB3 processing time can be quite long. If you are within the yearly limit, then your visa may be processed within a few months.
Can I bring my spouse and children to the US with an EB3 visa?
If you get the EB3 immigrant visa then your spouse and unmarried children under 21 years old also qualify to join you in the US. For the skilled and professional workers, the spouse qualifies for the E-34 visa, while the children can apply for the E-35 visa.
For unskilled workers, the spouse is eligible for EW-4 visa and the children for EW-5 visa. With these visas, the spouse of an EB3 visa holder can apply for the Employment Authorization Document (EAD) and work in the US after approval.
Other Employment Based Immigrant Visa Types
The types of employment-based immigrant visas are the following:
- EB-1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years
- EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
- EB-4 Visa or Fourth Priority Workers Visa is for various religious, government, or international organizations workers
- EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy